13 N.Y.S. 271 | New York Court of Common Pleas | 1891
The plaintiff’s appeal should be dismissed. By giving the stipulation and entering the judgment for the amount to which it was reduced by the general term, he waived the right of appeal to this court. A party cannot avail himself of such parts of a judgment as are favorable to him, and appeal from those parts which are not. Grunberg v. Blumenlahl, 66 How. Pr. 62; Alexander v. Alexander, 104 N. Y. 643, 10 N. E. Rep. 37; Harris v. Taylor, 20 Wkly. Dig. 379; Canary v. Knowles, 41 Hun, 542. Defendants’ right of appeal to the general term of this court from the judgment entered, so far as it affirms, as reduced, the former judgment, is beyond ques